Legal Question in Wills and Trusts in Ohio

I am sorry for your losses.

If the house was left to you in the will then your mother's death should not have any effect on this gift. If the house was given to your mother and then to you it would depend on whether the will had language regarding survivorship. Some wills require a beneficiary to survive a certain amount of time (eq. 30 days) and if they do not it would go to the next person. The reason for this language is to cover the situation you present when people die within a close period and you would have to have two probates.

Medicare cannot take a house but if your mother had an interest in the house and she was in medicaid they could have a lien.

If the 401(K) did not have a beneficiary it will probably pass through the probate estate.

You have presented many quesitons and I would strongly suggest that you consult with a probate attorney who can assist you with this process.

Please accept my condolences on the loss of your sibling and your mother.

I would concur with attorney Schmitz, regarding your brother's will, as well as the 401(k) and Medicaid issues. I would also agree that the situation involves several variables and you would be best served by meeting with an experienced probate attorney to review all the details and further advise you.

One fact which is not 100% clear from your question is to whom the house belonged and how that ownership was reflected on the deed. If your brother owned the home jointly with your mom, or someone else, this may complicate matters, and those interests may or may not need to be probated, regardless of what the will states.

My practice is located in Westlake, Ohio, about 45 minutes from Norwalk; feel free to give us a call at 440.899.7710 if we can be of further assistance.

If the house was owned by your brother at the time of his death, it should go to you under the will. If there are liens against it, they liens may have to be paid off.

This may be a very straight forward and uncomplicated case but I will need additional information in order to point you in the right direction.

I have been handling these types of cases for over 30 years- You can call me at 440-953-2000. No charge or obligation for the call.

Good Luck!

Regards

DHD